CHITHRA P. NAIR Vs. RAVI PRASAD

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal has been preferred by the appellant- accused, who was prosecuted for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 [For short "NI Act"], assailing the judgment dtd. 9/1/2023, passed by the High Court of Kerala at Ernakulam [Hereinafter, referred to as "High Court"] in Criminal Appeal No. 963 of 2018. By the impugned judgment, the High Court allowed the appeal preferred by the respondent-complainant under Sec. 378(4) of the Code of Criminal Procedure, 1973, [For short, "CrPC"] and set aside the judgment dtd. 27/2/2018, passed by the Court of Temporary Judicial I Class Magistrate, Attingal [Hereinafter, referred to as "Trial Court"] in ST No. 623 of 2015, whereby the appellant-accused had been acquitted.

(3.) The brief facts, necessary for the disposal of the present appeal, are narrated hereinbelow: -